California Disability Insurance Claim Attorneys
You work your entire life to provide for yourself and your family. You manage to carve out your piece of happiness in California. What happens when the unexpected happens, and the rug is pulled out from underneath you due to an accident or illness? Do you have a safety net ready to catch you and your family? When an employee suffers from a non-work-related accident or illness, long-term disability insurance (LTD) can help protect them and their family members.
The problem with disability insurance is that it can get complicated. How do you know what benefits you qualify for, and what options are right for you? What happens when the LTD insurance carrier denies a claim? Are you just out of luck with nowhere to turn?
There are so many questions surrounding disability insurance, such as how to file claims, and, as noted above, what to do when a claim is denied. You need someone you can turn to for honest answers, someone who can help you maneuver your way through the red tape and get you the benefits that you deserve.
The legal team at Abell and Capitan Law can help demystify the process of applying for disability benefits. We are proud that we’ve been able to represent disabled Californians to enable them to qualify for the benefits that they need and deserve.
With a practice built around representing disability claimants, we fight aggressively to protect your rights and make sure that you and your family are taken care of as you focus on your health. Call us today at (267) 419-7888 to schedule a free consultation.
What Types of Disability Benefits Are Available?
There are different types of disability benefits available, so it can be challenging to determine the best fit for your situation. The state of California provides a short-term disability program that can pay individuals up to 60 percent of their working wages for up to one year if they have a qualifying disability. For many residents, that may not be enough, and California does not have a long-term disability program.
There are federal long-term disability programs available, including Social Security Disability (SSDI) and Supplemental Security Income (SSI). The SSDI program is for qualified workers who are unable to work because of a medical condition that is expected to last at least 12 months or results in death. This program is paid for through payroll taxes, and benefits payouts are calculated from your income.
The SSI program is a need-based program that is funded by general tax dollars. These benefits are for people who are disabled and have a limited income. One of the stipulations is that the recipient must not have more than $2000 in assets as an individual. These programs are notoriously hard to qualify for, and the majority of applicants who apply have their applications rejected even upon a second review.
With the varying standards, it can be confusing anyone to determine the benefits for which they qualify. It can be even more confusing jumping through government hoops, reading through reams of information, and trying to decode bureaucratic jargon.
What Are LTD Benefits?
As provided by an insurance company, long-term disability insurance benefits replace lost wages after an individual suffers from a catastrophic injury or debilitating illness that results in their inability to continue to work. These benefits differ from other disability payments in that they are not mandated by law or provided by the government. The benefits derive from either employer-provided coverage or coverage that an individual has purchased on their own.
Typically, long-term term disability benefits begin to kick in as soon as you use up your sick leave and short-term disability benefits. Long-term disability benefits help replace some of the income that you are losing because you’re out of work. Long-term disability benefits are most frequently offered for two years and sometimes five years or longer.
Here is where long-term disability claims can get complicated. The fact that an insurance company covers these benefits and not the government means that each insurance company can generally set its own procedures subject to compliance with the federal Employee Retirement Security Act (ERISA) plus the California laws that may apply.
Not all policies are created equal, and each insurance policy contains its own rules dictating benefit periods, waiting periods, pre-existing condition policies, and medical history stipulations. If you haven’t thoroughly reviewed and read the fine print in your policy handbook, chances are you may be unaware of what you are entitled to or the exact rules that govern your ability to collect benefits.
It is also essential to keep in mind that insurance companies are for-profit entities. In short, they are in the business of making money. Paying out fewer claims means more profit for them as you or your company continue to pay LTD insurance premiums. If you are unclear on how to file a claim in California accurately or forgot to dot your i’s and cross your t’s, you may find that your claim goes nowhere.
Where do you turn if you are unsure how to properly file a claim or what medical documentation is required to prove you have a disability? What happens when you can’t work, but the insurance company insists on denying your claim? You don’t have to feel trapped and hopeless.
The team at Abell and Capitan Law has years of experience dealing with insurance companies. We understand what goes into making a successful claim, and we know how to fight back when a claim has been unfairly denied. We can guide you through the entire process, from making an initial claim with the insurance company to filing an administrative appeal after a denial or termination. You’ve paid into the system; don’t let big insurance companies deny you your rightful benefits.
Why Do I Need a Lawyer to Help with an LTD Claim?
Insurance companies don’t make the process of pursuing a claim easy. It can be challenging to complete out the application and gather the mounds of medical documentation the insurance company requires. Any discrepancy or smallest mistake can mean your claim might be rejected. An LTD insurer tends to comb through your paperwork, looking for a reason to toss it out. If you think filing the initial claim is complicated, just wait until you try to file an appeal.
From the start, it pays to have a knowledgeable team on your side like the lawyers at Abell and Capitan Law, where we focus 100 percent on individual and group disability insurance claims against private insurance companies.
Abell and Capitan Law deals with insurance companies daily. We understand what they are looking for in an application and can enable you to gather the information necessary to prepare and file a claim on time and in good order.
What is clear is that you have suffered an injury or illness that is serious enough to sideline you from your career. Your quality of life has changed, and you are undergoing medical care and dealing with the mental impact all these traumatic events are having on you and your family. Now you are forced to worry about how to continue to provide for your family, how to push back against the insurance company, and get on the road to recovery.
You have a heavy burden to carry; it is time that you let an experienced and compassionate team of California disability insurance lawyers help relieve you of some of those worries. Abell and Capitan Law is dedicated to helping you get back on your feet again.
Contact Abell and Capitan Law for an LTD Consultation
You may have one opportunity to file a long-term disability claim in California and obtain the necessary financial benefits for yourself and your family. Insurance companies are counting on the fact that you are sick, hurt, and too inexperienced to play their games. Do you have the time to sift through their lengthy legalese, piecing together random columns of information trying to decipher what you need to submit?
It is essential to get legal counsel on your side from day one to help you cut through the red tape and get the long-term disability benefits you deserve. Abell and Capitan Law has a legacy of fighting for successful outcomes when it comes to long-term disability claims. We will be the aggressive and caring advocate you need to guide you through the complex claims process, including appeals.
The insurance company has teams of paper shufflers working on their behalf. Don’t you deserve to have a team working for you? Don’t let an insurance company take advantage of you in your fragile state. If the insurer is unwilling to come to the table, we won’t hesitate to take them to court on your behalf.
Contact Abell and Capitan Law at (267) 419-7888 or reach out to us online to get help with your insurance claim. We have the legal experience and know-how to maximize your chances of being paid long term disability benefits in California, preferably without a court battle. There is no risk to call us, and we won’t collect any upfront fees to represent you. We’ll only get paid when you get the benefits you need and deserve.